Brookfield podiatrist's legal woes mount

Michael P. Mayko

Updated 11:46 pm, Monday, June 17, 2013

BRIDGEPORT -- Hours after his conviction Friday on 28 health care fraud charges, a Brookfield podiatrist found himself back in trouble after he appeared at the home of a 93-year-old witness against him, police said.

During the incident, Dr. Samir Zaky, 38, of High Ridge Road, Brookfield, asked the elderly man why he testified against him, police said, which led federal agents to take the Zaky into custody Saturday on charges of violating conditions of his bond.

The witness, who had open-heart surgery and carries an oxygen tank, is the grandfather of a federal law enforcement officer.

On Monday, Zaky was brought before U.S. Magistrate Judge Holly B. Fitzsimmons, who ordered him detained without bond, pending his September sentencing on the health care fraud charges.

"This is not a close call," Fitzsimmons said upon granting Assistant U.S. Attorney David Sheldon's motion to revoke bond. "Mr. Zaky displayed arrogance and an unwillingness to cooperate with a lawful order from the beginning."

The judge cited a series of events, including Zaky's unwillingness to give a DNA sample, refusal to provide a financial affidavit, belligerence toward U.S. Probation Officer Joseph Zampano regarding his pre-trial release, and the incident on Friday.

"Mr. Zaky demonstrated a desire to decide what he will cooperate with and what he won't," the judge said. "I have no difficulty in determining Dr. Zaky violated the terms of his release order."

Zaky was convicted by a federal court jury in Hartford on Friday on 14 counts of health care fraud, each of which carries a maximum 10-year prison term, and 14 counts of making false statements on health care forms, following a four-day trial.

Sheldon, who prosecuted Zaky, said the podiatrist operated Affiliated Podiatrists LLC in Brookfield, and specialized in treating patients who were homebound or in nursing homes. From August 2010 to July 2011, Zaky submitted Medicare claims maintaining he performed procedures in which anesthetics were used to surgically remove the border of patients' toenails. Sheldon charged that Zaky only clipped or trimmed toenails.

Agents seized patient files and $29,000 during an August 2010 search of Zaky's home, where he kept an office.

The prosecutor told the judge that around 8 p.m. Friday, Zaky appeared at the home of the patient who was one of the government's witnesses. The man declined to allow Zaky inside and instead they spoke for about five minutes through the door.

After Zaky left, the witness called Special Agent Kevin Bishop, of the U.S. Department of Health and Human Services, who was the government's agent in the health care fraud case. Bishop said the witness sounded fearful.

Sheldon said the man's grandson was contacted and agreed to spend the night with the witness. State Police also conducted surveillance at the house.